[Federal Register Volume 69, Number 52 (Wednesday, March 17, 2004)]
[Notices]
[Pages 12646-12647]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-5996]


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DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy


Energy Conservation Program for Consumer Products: Decision and 
Order Granting a Waiver From the DOE Clothes Washer Test Procedure to 
Fisher & Paykel (Case No. CW-012)

AGENCY: Office of Energy Efficiency and Renewable Energy, Department of 
Energy.

ACTION: Notice of decision and order.

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SUMMARY: Notice is given of the Decision and Order granting a Waiver to 
Fisher & Paykel Appliances Limited (Fisher & Paykel) from the existing 
Department of Energy (DOE or Department) clothes washer test procedure 
for its IW model clothes washer which has an adaptive control system.

FOR FURTHER INFORMATION CONTACT: Barbara Twigg, U.S. Department of 
Energy, Office of Energy Efficiency and Renewable Energy, EE-2J, 1000 
Independence Avenue, SW., Washington, DC 20585-0121, (202) 586-8714, 
email: [email protected]; or Francine Pinto, Esq., U.S. 
Department of Energy, Office of General Counsel, GC-72, 1000 
Independence Avenue, SW., Washington, DC 20585, (202) 586-7432, email: 
[email protected].

SUPPLEMENTARY INFORMATION: In accordance with 10 CFR 430.27, notice is 
hereby given of the issuance of the Decision and Order as set out 
below. In the Decision and Order, Fisher & Paykel has been granted a 
Waiver from the existing Department of Energy clothes washer test 
procedure for the company's clothes washer model IW which has an 
adaptive control system. The Waiver allows Fisher & Paykel to use a 
modified test procedure for rating its IW clothes washer model. Fisher 
& Paykel shall be allowed to test its IW clothes washer using the 
default cycle, the midpoint of the five settings controlled by the 
washer's ``How Dirty'' button. That cycle is the closest equivalent to 
the energy test cycle for washing cotton or linen clothes used in 10 
CFR part 430, subpart B, appendix J1.


[[Page 12647]]


    Issued in Washington, DC, on March 12, 2004.
David K. Garman,
Assistant Secretary, Energy Efficiency and Renewable Energy.

Decision and Order

Department of Energy

Office of Energy Efficiency and Renewable Energy

    In the Matter of: Fisher & Paykel. (Case No. CW-012)
    Background: Title III of the Energy Policy and Conservation Act 
(EPCA) sets forth a variety of provisions designed to improve energy 
efficiency. Part B of Title III (42 U.S. C. 6291-6309) provides for the 
Energy Conservation Program for Consumer Products Other Than 
Automobiles. Among its provisions, it requires DOE to prescribe 
standardized test procedures to measure the energy consumption of 
certain consumer products, including clothes washers. The intent of the 
test procedures is to provide a comparable measure of energy 
consumption that will assist consumers in making purchasing decisions. 
The test procedures for clothes washers are set forth in 10 CFR part 
430, subpart B, appendix J1.
    The Department's regulations in 10 CFR 430.27 set forth a process 
by which an interested person may seek a waiver and an interim waiver 
from the test procedure requirements for a covered consumer product. 
The waiver process allows the Assistant Secretary for Conservation and 
Renewable Energy (now known as the Assistant Secretary for Energy 
Efficiency and Renewable Energy) to waive temporarily test procedures 
for a particular basic model when a petitioner shows that the basic 
model contains one or more design characteristics which prevent testing 
according to the prescribed test procedures, or when the prescribed 
test procedures may evaluate the basic model in a manner so 
unrepresentative of its true energy consumption characteristics as to 
provide materially inaccurate comparative data. Waivers generally 
remain in effect until a revised test procedure becomes effective, 
thereby resolving the problem that is the subject of the waiver. 10 CFR 
430.27(l)
    An Interim Waiver will be granted by the Assistant Secretary for 
Energy Efficiency and Renewable Energy if it is determined that the 
applicant will experience economic hardship if the Application for 
Interim Waiver is denied, if it appears likely that the Petition for 
Waiver will be granted, and/or the Assistant Secretary determines that 
it would be desirable for public policy reasons to grant immediate 
relief pending a determination on the Petition for Waiver. 10 CFR 
430.27 (g). An Interim Waiver remains in effect for a period of 180 
days from the date of issuance or until DOE issues its determination on 
the Petition for Waiver, whichever is sooner, and may be extended for 
an additional 180 days, if necessary. 10 CFR 430.27(h)
    In addition to the waiver process outlined in 10 CFR 430.27, the 
clothes washer test procedure published August 27, 1997, specifically 
requires manufacturers of clothes washers with an adaptive control 
system, other than an adaptive water fill control system, to obtain a 
waiver to establish an acceptable test procedure for each such clothes 
washer. 62 FR 45501, 45514. Neither Appendix J (in effect through 
December 31, 2003) nor Appendix J1 (effective January 1, 2004) of that 
test procedure provides a means for determining the energy consumption 
of a clothes washer with an adaptive control system.
    On March 26, 2003, Fisher & Paykel filed an Application for Interim 
Waiver and a Petition for Waiver regarding its clothes washer model IW 
which has an adaptive control system that affects more than the water 
fill and cannot be tested accurately using the existing test procedure. 
The Department granted the Interim Waiver on October 30, 2003, and 
published its decision in the Federal Register on November 7, 2003. 68 
FR 63075. In the same Federal Register notice, the Department published 
Fisher & Paykel's Petition for Waiver, and solicited comments, data, 
and information respecting the petition.
    Fisher & Paykel requested the waiver because its clothes washer 
model IW does not have the conventional ``normal'' cycle used by the 
DOE clothes washer test procedure set forth in 10 CFR, Part 430, 
Subpart B, Appendix J, or the energy test cycle for washing cotton or 
linen clothes used in Appendix J1. Instead, Fisher & Paykel proposed an 
alternate test cycle that would be equivalent to the normal cycle and 
the energy test cycle, the default cycle that begins when a user pushes 
the power button to start the model IW clothes washer. This default 
cycle is the midpoint of the five settings controlled by the washer's 
``How Dirty'' button, setting three. This waiver only confirms which 
test cycle to use. Fisher & Paykel will then follow the remaining steps 
of the existing test procedure to determine the energy consumption of 
the clothes washer.
    Comments and FTC Consultation: The Department did not receive any 
comments on the Petition for Waiver. The Department, as required, 
consulted with the Federal Trade Commission (FTC) concerning Fisher & 
Paykel's petition. The FTC did not have any objections to the issuance 
of the waiver to Fisher & Paykel.
    Conclusion: After careful consideration of all the material that 
Fisher & Paykel submitted and consultation with the FTC, it is ordered 
that:
    (1) The ``Petition for Waiver'' filed by Fisher & Paykel Appliances 
Limited (Case No. CW-012) is hereby granted as set forth in paragraph 
(2) below.
    (2) Fisher & Paykel shall be permitted to test its adaptive control 
clothes washer model IW on the basis of the test procedure specified in 
10 CFR part 430 subpart B, appendix J1, with one modification to 
section 1.7 which specifies the Energy test cycle. Because model IW 
does not have the specified Energy test cycle, described in section 1.7 
as the cycle recommended by the manufacturer for washing cotton or 
linen clothes, Fisher & Paykel shall test its clothes washer model IW 
using the default cycle which begins when a consumer presses the power/
start button and does not manually select an alternative ``How Dirty'' 
setting. This default cycle is the midpoint of the five settings 
controlled by the washer's ``How Dirty'' button, setting three.
    With the exception of the modification set forth above, Fisher & 
Paykel shall comply in all respects with the test procedure 
requirements specified in 10 CFR part 430 subpart B, appendix J1.
    (3) The Waiver shall remain in effect from the date of issuance of 
this Order until DOE prescribes a final test procedure appropriate to 
adaptive control clothes washers.
    (4) This Waiver applies only to Fisher & Paykel's testing of its 
clothes washer model IW.
    (5) This Waiver is based upon the presumed validity of statements, 
allegations, and documentary materials submitted by the petitioner. 
This Waiver may be revoked or modified at any time upon a determination 
that the factual basis underlying the Petition is incorrect.
    Effective March 12, 2004, this Waiver supersedes the Interim Waiver 
granted Fisher & Paykel on November 7, 2003. 68 FR 63075 (Case No. CW-
012).

    Issued in Washington, DC, on March 12, 2004.
David K. Garman,
Assistant Secretary, Energy Efficiency and Renewable Energy.
[FR Doc. 04-5996 Filed 3-16-04; 8:45 am
BILLING CODE 6450-01-P